Knowing when to say no: assessing the merits before acting
An examination of when solicitors should advise against proceeding and the consequences if that advice comes too late.
An examination of when solicitors should advise against proceeding and the consequences if that advice comes too late.
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
The latest cases underscore that settlement advice remains outside the immunity, but pleadings and evidence preparation often fall squarely within it.
Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.
A recent case emphasises the importance of identifying clients before witnessing their signatures on loan and associated security documents. By TONY REYNOLDS and DEBORAH MORRIS.
Be proactive in transitioning to the new regime and remember to review funds transfer processes and confirm payment instructions by multiple methods. By SIMONE HERBERT-LOWE.
If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.
Managing cyber risk is an integral part of legal practice. By SIMONE HERBERT-LOWE.
To succeed in a claim for professional negligence the claimant must prove three basic elements. By TONY REYNOLDS and PAUL KOZUB.
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
Dabbling in unfamiliar practice areas can be unfair to the client and increase risk for the practitioner. By KERRIE LALICH.
There are real risks when acting as a director on the board of a client’s company. By ELISSA BAXTER.
Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.